Opinion · New York Court of Appeals
People v. Key
54 N.Y.2d 813
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1981-09-22
- Topic
- labor-and-employment
OPINION OF THE COURT Appeal dismissed by the court sua sponte. Although the order of the Appellaté Division states that the reversal was “on the law”, a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay, 54 NY2d 808, decided herewith).
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OPINION OF THE COURT
Appeal dismissed by the court sua sponte. Although the order of the Appellaté Division states that the reversal was “on the law”, a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay, 54 NY2d 808, decided herewith).